What Trump’s Lawyer Granted at the Supreme Court: From the Politics Department

Welcome to the online version of From the Policy Deska nightly newsletter that brings you the latest reporting and analysis from the NBC News politics team on the campaign, the White House and Capitol Hill.

In today’s edition, reporters Lawrence Hurley and Ryan J. Reilly break down what happened in the Supreme Court arguments over Donald Trump’s claim to absolute immunity from prosecution for things that happened during his presidency. Additionally, reporters Alexandra Marquez and Bridget Bowman analyze Senate Minority Leader Mitch McConnell’s momentum following the approval of aid to Ukraine.

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What Trump’s lawyer granted at the Supreme Court

By Lawrence Hurley and Ryan J. Reilly

Former President Donald Trump has long argued for absolute immunity in his federal election interference case, but on Thursday his lawyer struck a different tone during Supreme Court arguments. In fact, attorney D. John Sauer did something his client rarely does: He made some concessions.

Sauer appeared to agree with Special Counsel Jack Smith, who is leading the prosecution, that there are some allegations in the indictment that do not involve “official acts” by the president.

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Sauer’s main argument was that the entire accusation is based on official acts, which should be protected by immunity, in part to ensure that presidents do not have their hands tied for fear of being prosecuted after leaving office.

But Sauer accepted that Trump could be prosecuted for private acts that were not linked to his official duties as president.

During the oral arguments, the ministers focused on the public-private distinction. Conservative Justice Amy Coney Barrett and liberal Justice Elena Kagan peppered Sauer with questions about whether specific allegations in the indictment constituted official acts.

Sauer said Trump’s conduct in three of the five situations he was questioned about involved private actions, meaning they could be sued. Read more here going through these situations.

The concessions came when the Federal Supreme Court indicated that any trial in Trump’s election interference case is unlikely to take place soonwith judges expressing concerns about whether certain presidential acts should be banned.

The justices appeared likely to reject Trump’s expansive claim of absolute immunity as they delved into each side’s arguments. But the court could remand the case for additional proceedings, making it less likely that a trial would take place before the 2024 election.

In other words, Sauer’s setback may have few consequences from an electoral point of view. A further delay in Trump’s trial, which Sauer is close to achieving, is a form of victory in itself.

Read more about Day 7 of Trump’s hush money trial at the NBC News live blog.

McConnell takes victory lap – and gets a call from Ukraine

By Alexandra Márquez and Bridget Bowman

Senate Minority Leader Mitch McConnell, R-Kentucky, is taking a victory lap after a bipartisan group of senators approved a foreign aid package that included more than $60 billion for Ukraine. He also received a call from Ukrainian President Volodymyr Zelenskyy.

McConnell told NBC News’ “Meet the Press” that Zelenskyy acknowledged the Republican leader’s struggles with his own party in pushing for additional aid when the pair spoke Thursday morning.

“Well, he was grateful, because he knew the big challenge was in my party,” McConnell told moderator Kristen Welker in an interview recorded Thursday. McConnell said Zelenskyy also noted that more Republicans supported the sweeping relief package on Tuesday than when the Senate approved a similar measure in February, which ultimately stalled in the House.

“I think there is a growing feeling in the Senate Republican conference that the isolationist path is not a good idea,” McConnell said.

In a separate interview Wednesday with Frank Thorp and Ryan Nobles of NBC News, McConnell said this foreign aid package was one of the most significant victories of his nearly 40-year career, calling it “certainly one of the issues most important issues that I have addressed.” involved throughout all these years.”

“And if we look at it from a global perspective, we can argue that it’s the most important thing,” McConnell added.

McConnell’s victory comes as he plans to step down as leader of the Republican Party at the end of this year. And while this package will complete his list of accomplishments, his legacy will also include the formation of the conservative-leaning U.S. Supreme Court, after deciding in 2016 that the Senate would not consider then-President Barack Obama’s nominee.

McConnell weighed in on the case currently pending in court, telling “Meet the Press” that he did not think presidents should be immune from criminal prosecution for actions they took while in office.

The Republican leader stood by his 2021 comments after voting to acquit Trump during the former president’s second impeachment for his role in the Jan. 6 Capitol riot. At the time, McConnell said: “We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being [held] responsible for any of them.”

“That’s my opinion,” McConnell reiterated on Thursday. “But my opinion is just my opinion. I mean, the court will decide.”

Read more about McConnell’s “Meet the Press” interview and watch the interview on Sunday. →

That’s all from The Politics Desk for now. If you have feedback – like or dislike – send us an email at newsletter@nbcuni.com

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